Métis National Council
- How to Open Closed Adoption Records for Native American Children (updated 2021)
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- What is ICWA (2016)
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- You're Breaking Up: Adoptive Couple v. Baby Girl #ICWA
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- THE PLACEMENT OF AMERICAN INDIAN CHILDREN - THE NEED FOR CHANGE (1974)
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Saturday, December 29, 2018
Métis National Council
But too few Westerners are aware that in too many countries, there’s a heartbreaking underside to international adoption.
For decades, international adoption has been a Wild West, all but free of meaningful law, regulation, or oversight. Western adoption agencies, seeking to satisfy consumer demand, have poured millions of dollars of adoption fees into underdeveloped countries.
Those dollars and Euros have, too often, induced the unscrupulous to buy, defraud, coerce, and sometimes even kidnap children away from families that loved and would have raised them to adulthood.
Since the fall of 2008, the Schuster Institute for Investigative Journalism has been releasing our reporting on aspects of this problem. Where did Westerners get the idea that the world was overflowing with healthy orphaned babies in need of new homes? How is a child with a living family transformed into a “paper orphan,” adopted for someone else’s profit? Whose lives have been scarred by corrupt adoptions? What U.S. policy changes might prevent children from being wrongfully taken from their birthfamilies, simultaneously helping to keep Americans from unwittingly creating an orphan instead of saving one?
This website offers a collection of the Schuster Institute’s releases on intercountry adoption, as well as many of the source documents, independent research, government materials, and other resources that will help interested readers pursue the topic further if they wish.
Read: Fraud and Corruption in International Adoption | Gender & Justice Project | Schuster Institute | Brandeis University
Friday, December 21, 2018
|Timothy Sandefur speaking at the 2014 International Students for Liberty Conference.|
The Institute’s claim that ICWA harms Indian children relies on dubious assertions and dog whistles.Mary Katherine Nagle Perspective Dec. 20, 2018
Passed in 1978 to protect Indian children from predatory state welfare and adoption practices, the Indian Child Welfare Act (ICWA) keeps Native children with Native families and prioritizes Native homes in adoption cases. A longtime target of evangelical Christian organizations and anti-Indian hate groups, ICWA’s most recent challenge came this fall from a federal judge in Texas, who ruled the law unconstitutional in Brackeen v. Zinke. In Brackeen, the plaintiffs argued that because ICWA’s language refers to “Indian” children, the act violates equal protection and is therefore unconstitutional.
The Goldwater Institute, a libertarian think tank, litigation organization and veteran opponent of ICWA, joined Brackeen earlier this year to challenge the law. In September, Timothy Sandefur, vice president of litigation at the Goldwater Institute, spoke at the Cato Institute, another libertarian think tank based in Washington, D.C., about the 40th anniversary of ICWA...
Mary Katherine Nagle of Pipestem Law checked the facts and Sandefur’s analysis of them and provided context to some of the statements.
BIG READ: Fact check: the Goldwater Institute’s statements about the Indian Child Welfare Act — High Country News
This is a gross mischaracterization of the law. It’s hard to understand what Goldwater means by “Indianness generally” — but ICWA does not apply to humans who have “Indianness generally.” ICWA only applies to citizens of federally recognized tribes. Indeed, the statute has no application unless an “Indian child” is at issue, and “Indian child” is defined as “Any unmarried person under the age of 18 and is either (a) a member of an Indian tribe or (b) is eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe.“ The act is directly and inextricably linked to citizenship in a sovereign nation. If a child and his/her parents are not citizens of a sovereign nation, ICWA will have no application to that child‘s foster placement, adoptive placement, or the possible termination of the parents’ rights — regardless of how much “Indianness” generally that child may have in the eyes of Goldwater or anyone else. –Mary Katherine Nagle
Wednesday, December 19, 2018
|by Native News Online Staff|
Tuesday, December 18, 2018
Bitterroot : A Salish Memoir of Transracial Adoption
About the BookIn Bitterroot Susan Devan Harness traces her journey to understand the complexities and struggles of being an American Indian child adopted by a white couple and living in the rural American West. When Harness was fifteen years old, she questioned her adoptive father about her “real” parents. He replied that they had died in a car accident not long after she was born—except they hadn’t, as Harness would learn in a conversation with a social worker a few years later.
Harness’s search for answers revolved around her need to ascertain why she was the target of racist remarks and why she seemed always to be on the outside looking in. New questions followed her through college and into her twenties when she started her own family. Meeting her biological family in her early thirties generated even more questions. In her forties Harness decided to get serious about finding answers when, conducting oral histories, she talked with other transracial adoptees. In her fifties she realized that the concept of “home” she had attributed to the reservation existed only in her imagination.
Making sense of her family, the American Indian history of assimilation, and the very real—but culturally constructed—concept of race helped Harness answer the often puzzling questions of stereotypes, a sense of nonbelonging, the meaning of family, and the importance of forgiveness and self-acceptance. In the process Bitterroot also provides a deep and rich context in which to experience life.
NEW INTERVIEW: When Native American Children Are Adopted By White Families, It Isn't Always A Happy Ending
Author BioSusan Devan Harness (Confederated Salish Kootenai Tribes) is a writer, lecturer, and oral historian, and has been a research associate for the Tri-Ethnic Center for Prevention Research at Colorado State University. She is the author of Mixing Cultural Identities Through Transracial Adoption: Outcomes of the Indian Adoption Project (1958–1967).
LINK TO BUY
Susan also contributed to the anthology Stolen Generations, book three in the Lost Children Book Series
Monday, December 17, 2018
Dr. Phil’s Hollywood-ized Adoption Propaganda : Earlier post
NPR has done this before.
In October 2011, NPR aired a three-part series of programs on its investigation of foster care for Native American children in South Dakota.
check this out
Some Native American advocates have since issued their own report supporting the reporters' findings.
Tuesday, December 4, 2018
BREAKING: NICWA, @NCAI1944, @NDNrights, @IndianAffairs issue joint statement on the Fifth Circuit Court granting the motion to stay the District Court's Decision on the Indian Child Welfare Act. #ICWA https://t.co/54QGfjbFdX pic.twitter.com/mAE2G9s1XU
— NICWA (@NativeChildren) December 4, 2018
NCAI President Jefferson Keel (Chickasaw Nation of Oklahoma) said:
“The stay granted yesterday by the Fifth Circuit Court of Appeals is a welcome and positive step. It means that no Indian child who encounters the child welfare system in Texas, Indiana and Louisiana during this time should be denied the protections and safeguards afforded them under the Indian Child Welfare Act. NCAI will continue to support the intervening Tribal Nations and the Department of Justice as they fight to protect the best interests of all Indian children across the United States through the Indian Child Welfare Act.”
Sunday, December 2, 2018
Indigenous children represent 52.2% of children in foster care in private homes in Canada. The over-representation of First Nations, Inuit and Métis Nation children in the child welfare system is a humanitarian crisis.
Indigenous children who have been in care face greater risks of adverse health outcomes, violence and incarceration.
This broad-based legislation will be inclusive of all Indigenous peoples while respecting a distinctions-based approach. The legislation would affirm inherent Aboriginal and Treaty rights as well as affirm principles consistent with the Calls to Action of the Truth and Reconciliation Commission, the United Nations Declaration on the Rights of Indigenous Peoples, and the United Nations Convention on the Rights of the Child.
READ: Government of Canada, with First Nations, Inuit and Métis Nation leaders, announce co-developed legislation will be introduced on Indigenous child and family services in early 2019 | Benzinga
- Indigenous children represent 52.2% of children in foster care in private homes in Canada but account for only 7.7% of the overall child population.
- The first five Calls to Action by the Truth and Reconciliation Commission relate to child welfare.
- Call to Action #4 calls "upon the federal government to enact Aboriginal child-welfare legislation that establishes national standards for Aboriginal child apprehension and custody cases and includes principles that:
- Affirm the right of Aboriginal governments to establish and maintain their own child-welfare agencies.
- Require all child-welfare agencies and courts to take the residential school legacy into account in their decision making.
- Establish, as an important priority, a requirement that placements of Aboriginal children into temporary and permanent care be culturally appropriate."
"For the larger part of Canada's history, Indigenous children have suffered as a result of racist and misogynistic colonial policies. As legislators, we have an obligation to do better for Indigenous children. We must support the development of policies that do not force an ultimatum between the well-being of children and their Indigenous identities."
Senator Marilou McPhedran, Senate of CanadaManitoba
Canada's Residential Schools
The Justice Department is protecting the names of many perpetrators of abuse of Indigenous children.— Charlie Angus NDP (@CharlieAngusNDP) July 8, 2021
We need a special independent prosecutor who can force the government and church to turn over the documents.
There can be no reconciliation without justice.@MumilaaqQaqqaq pic.twitter.com/5TL6OxKM5O
This is a map of every residential "school" site in Canada.— Mumilaaq Qaqqaq (@MumilaaqQaqqaq) June 24, 2021
Every dot is a crime scene.
Only a few have been investigated so far.
Canada, do not get used to these numbers.
Do not let them become statistics.
Put yourselves in the shoes of these children in the ground. pic.twitter.com/5XJS1w1ka2
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OBC ACCESS 2022
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What our Nations are up against!
To Veronica Brown
Veronica, we adult adoptees are thinking of you today and every day. We will be here when you need us. Your journey in the adopted life has begun, nothing can revoke that now, the damage cannot be undone. Be courageous, you have what no adoptee before you has had; a strong group of adult adoptees who know your story, who are behind you and will always be so.
Did you know?
Diane Tells His Name
The truth is that it is a very lucrative business with a known sales pitch. With profits last estimated at over $1.44 billion dollars a year, mothers who consider adoption for their babies need to be very aware that all of this promotion clouds the facts and only though independent research can they get an accurate account of what life might be like for both them and their child after signing the adoption paperwork.
Original Birth Certificate Map in the USA
Why tribes do not recommend the DNA swab
Detailed discussion of the Bering Strait theory and other scientific theories about the population of the modern-day Americas is beyond the scope of this essay. However, it should be noted that Indian people have expressed suspicion that DNA analysis is a tool that scientists will use to support theories about the origins of tribal people that contradict tribal oral histories and origin stories. Perhaps more important,the alternative origin stories of scientists are seen as intending to weaken tribal land and other legal claims (and even diminish a history of colonialism?) that are supported in U.S. federal and tribal law. As genetic evidence has already been used to resolve land conflicts in Asian and Eastern European countries, this is not an unfounded fear.